Stayshyn Law Offices

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What to know about your vehicle’s “black box data” recorder following a collision

Wednesday, October 30, 2019

It is important to know your rights if you are injured in an automobile accident, and the professionals the Stayshyn Law Offices are your best source to navigate you through a critical and complex process.

Most people do not know that their newly purchased automobile has a data recorder. These recorders, often referred to as “black boxes” record data such as speed, braking and other relevant vehicle data prior to and during an accident. This information can often be used to provide very important information about activities of each vehicle involved in a collision that witnesses are unable to recall. Therefore, the preservation of this data is very important. Most people don’t realize that when you are involved in a motor vehicle collision in which there are injuries, you should, after seeking medical treatment, immediately request that your insurer preserve your vehicle data recorder before the vehicle is repaired or sent to salvage. This collision data is often deleted or overwritten once repairs are made so it is very important that you or a family member request that the data and vehicle be preserved immediately. This information may prove critical to the resolution of who is at fault for the accident or substantiate the severity of your injuries.

When you choose Stayshyn Law Offices as your personal injury lawyers, you get experience you can trust and results you will appreciate. Our team offers a unique perspective and has an exceptional record for outstanding results. There are many practical incentives that make Stayshyn Law Offices a natural choice as your personal injury firm:

  • No legal fees unless you win
  • No obligation free initial consultation
  • Our lawyers will come to your home or hospital room, if necessary
  • Free parking available for all clients and consultations
  • Our team and staff will get you the best medical care
  • Friendly lawyers and legal support staff that are here to help you
  • Our lawyers and staff will help you assist you in completing all insurance forms
  • Our firm has successfully settled millions of dollars worth of injury claims

Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.

TS LAW = TRUSTED SUCCESS

Do you live with chronic pain as a result of a motor vehicle accident?

Wednesday, October 9, 2019

If you have been injured in a motor vehicle accident in Ontario, then you have access to treatment benefits from your own insurance company, called Accident Benefits. These benefits give you access to medical and rehabilitation treatment, lost income/wages, lost educational expenses if you are attending school, attendant care expenses, assistive devices, damaged clothing, if necessary.

You will also have a claim against the other driver that was at fault for the motor vehicle accident, but before you can pursue a claim, you must start a claim with your insurance company for accident benefits and attend treatment to reduce your losses. However, you will want to ensure that you are fully informed of your rights and treated fairly by your insurance company when submitting a claim for benefits. This proves to be challenging for some people, depending on your insurance company and/or the adjuster assigned to your file and the circumstances of your injuries.

Often, your insurance adjusters will dispute your injuries and send you to assessments by doctors that are hired by the insurance company to determine if you meet the legal tests before approval for said benefits is given.

There are 3 categories that you can fall under with respect to your injuries and impairments after a motor vehicle accident:

  1. Minor Injury Guideline;
  2. Medical & Rehabilitation; and
  3. Catastrophic.

Minor Injury Guideline

An important definition to note, is the Minor Injury Guideline: Limited to $3,500.00:

Minor Injury Guideline (MIG) -   one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinical associated sequelae to such an injury.”

This is important because how you are placed in the 3 categories determines how much funding you have access to for treatment. Under Minor Injury Guideline you are limited to $3,500.00 for treatment, however outside of the MIG you have access to $65,000.00 in benefits.

If you suffer from chronic pain your injuries may hinder you from working and/or carrying on in your normal life and the funds provided in the minor injury guideline may not be adequate for the treatment you will require.

It is an insurance company’s position that if you have chronic pain as a result of the motor vehicle, but it is not diagnosed or determined until months after the motor vehicle accident, then you will essentially have to live with it, without access to treatment beyond the minor injury guideline. According to the insurance company “an insurer must look to initial injuries and diagnoses as indication of whether an insured’s injuries fall within the MIG.” 17-000835 v. Aviva General Insurance Canada, 2018 CanLII 83520 (ON LAT)

When you dispute the insurance company’s decision, the tribunal will review how your life has been impacted as a result of the motor vehicle accident along with the supporting medical evidence of your injuries to determine whether your chronic pain falls outside the Minor Injury Guideline.

This is why we highly recommend if you are a victim suffering from chronic pain injuries to contact our highly qualified personal injury lawyer, at TS law to properly assess your claim and injuries and take to appropriate steps to ensure you are getting treated fairly by your insurance company and getting access to the all the accident benefits you deserve.

If you have been seriously injured in a motor vehicle accident, we strongly recommend that you contact our highly experienced personal injury lawyers immediately to ensure your future is protected. At TS Law, there are no legal fees unless you win, and our experienced team of litigators will come to you, if necessary, for a free no obligation consultation, regardless if your injuries have you in the hospital or at home.

Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.                  

                                          TS LAW = TRUSTED SUCCESS

Do Liability Waivers Hold Up in Court?

Wednesday, September 4, 2019

Often, you will be required to sign a waiver before you or your child participate in sports, field trips, camps, and most recreational activities run by an individual or organization. The purpose is to protect the individual or organization from any and all liability in the event that you or your child is hurt while participating in said activity.

Liability waivers have become so common that most people do not review or even consider waivers before signing them.

A standard liability waiver is in place to protect the individual or organization from any legal action if you or your child becomes injured at their establishment. These waivers are intended to be legally binding contracts that essentially waive your right to sue, even due to negligence of the individual or organization running the activity. Over the years, courts have made a wide-ranging of decisions on whether liability waivers are legitimate and enforceable. Currently in Ontario, a standard liability waiver is typically upheld in courts, according to the law.

Generally, a liability waiver can be relied upon for any injuries sustained with respect to the actual activity but not for injuries that occur on the property unrelated to the activity; such as, if you or your child slip and fall on ice in the parking lot.

Just remember, the individual or organization needs to take the necessary step to bring the waiver to your attention prior to the activity along with sufficient time to review and sign the waiver. That being said, the enforceability of a waiver is not clear cut and if you are uncertain if the waiver applies to you with respect to an injury, we strongly recommend that you contact our highly experienced personal injury lawyers immediately to ensure your future is protected. At TS Law, there are no legal fees unless you win, and our experienced team of litigators will come to you, if necessary, for a free no obligation consultation, regardless if your injuries have you in the hospital or at home.

Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.                  

TS LAW = TRUSTED SUCCESS

I have been bitten by a dog, should I call a lawyer?

Wednesday, July 17, 2019

As the summer weather is now upon us, you can expect people to be out and about walking their dogs in parks and public locations, sometimes off their leash. The most common claims made are related to dog bites, but in some situations, you can also be injured by a dog as a result of being jumped up on or knocked over. The lawyers at TS law can explain what you should expect when it comes to the legal process resulting from a dog related injury.

What do I do after a dog related injury?

If you have been bitten or injured by a dog, you need to identify the owner as soon as possible, after seeking medical attention if necessary. In most cases the owner will be near by and easy to identify, but sometimes a dog related injury can happen as a result of a run away dog. If you can identify the owner, make sure to obtain their name, address, phone number and email contact information. As a health and safety precaution, you may also want to confirm that the dog is up to date with its vaccinations, although this is not relevant to a lawsuit.

A lawsuit involving a dog related injury has two parts - Liability and Damages

Liability:

This can also be described as “fault.” In a dog related injury, it needs to be determined who is at fault for the dog bite or dog related injury. For example, was the injured person was doing something to provoke the dog to result in an injury? Or could the owner have prevented the injury involving their dog?

Damages:

Typically, compensation for damages in dog related injury cases depends on the severity of your injuries, such as scarring from a bite, or where the scarring is located. For example, facial scarring that has significantly altered your appearance may attract a higher award for damages. In addition, your general pain and suffering damages can also be associated by psychological issues, including fear of attending public places that may have dogs in attendance, nightmares following the attack, and even cases of PTSD.

Treatment costs are related to general damages, such as the out of pocket expenses that are incurred for disinfectant or bandages. However, in the extreme cases where psychological counselling or laser therapy to reduce scarring is required, the costs related can be expensive and those damages may also be recovered. If you have to miss work as a result of a dog related injury, you may recover lost earnings as well.

Compensation:

Often, home insurance will be the source of any compensation you will receive from a dog related injury. If the dog owner does not have home insurance or any other financial means to cover a claim, you may have to evaluate the probability of being awarded any compensation directly from the dog owner.

It is best to contact one of the lawyers at TS Law to help you evaluate what the best options are in your particular situation. We have the knowledge to guide you through the process and come to a determination on whether a lawsuit would be worth pursuing.

If you have been seriously injured by a dog bite, we strongly recommend that you contact our highly experienced personal injury lawyers immediately to ensure your future is protected. At TS Law, there are no legal fees unless you win, and our experienced team of litigators will come to you, if necessary, for a free no obligation consultation, regardless if your injuries have you in the hospital or at home.

Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.                  

TS LAW = TRUSTED SUCCESS